Merck Appeals Decision Denying Recusal of Judge Who Took Vioxx

LOS ANGELES - Merck & Co. has appealed a judge's refusal to recuse himself from overseeing the consolidated California Vioxx proceedings after the defendant raised questions about the judge's objectivity in light of his recent disclosure that he took the drug. Merck & Co., Inc. v. S.C.L.A., et al., No. B180613 (Calif. Ct. App., 2nd Dist.).

Merck filed the petition for writ of mandate Jan. 24 in the California Court of Appeal, Second Appellate District, days after Judge Peter D. Lichtman denied the defendants motion for recusal or disqualification on Jan. 20. Lichtman is currently serving as the coordination trial …